Lawsuit Filed — Charges of “Uninhabitable Squalor” at RI Housing Project

Lawsuit Filed — Charges of “Uninhabitable Squalor” at RI Housing Project

The first of what lawyers say will be upwards of 40 lawsuits were filed in Superior Court on Tuesday alleging the Park Plaza development in Johnston has been “grossly negligent.”

The lawsuit filed in Superior Court on behalf of a Johnston mother Emily Valle and on behalf of her children allege that the owners of the Johnston property and two management companies, “Throughout her residency at Park Plaza, Plaintiff has endured a number of hazardous and unhealthy conditions on the premises, including flooding, water damage, dangerous microbial growth, and contamination caused by the wanton neglect of the defendants."

The suit goes on to allege, “As a result of continued exposure to the hazards and contamination at the premises of Park Plaza, Plaintiff and her children have suffered numerous injuries, including but not limited to respiratory & pulmonary symptoms, severe emotional distress, and property damage. Despite Plaintiff’s repeated complaints to the defendants, little was done to remediate the hazards in her apartment until recently.”

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The six-count complaint claims “As a result of Defendants’ wanton, willful, and reckless neglect of the premises at Park Plaza, Plaintiff and her children have suffered personal injuries, property damage, pain and suffering, and have otherwise been greatly damnified.”

Robert Corrente, the former U.S. Attorney for Rhode Island, represents the property owner. The 62 unit apartment complex at 20 Park Street is owned by a Rhode Island corporation tied to a California developer Brian Chen-Chih Chen, according to Rhode Island business records. Corrente did not respond to questions about the lawsuit.

Valle and her children are represented by attorneys Dan Calabro and Artin Coloian who tell GoLocal that this suit is just one of many they anticipate filing on behalf of the approximately 40 families who live or lived at the Park Plaza.

Displaced, Property Thrown Out and Offered No Support

For many families, they were removed and relocated from the property as the rehab was taking place.

Coloian says the rehab has been insufficient and that many the tenants impacted had their furniture thrown out and the property owner has refused to offer a reasonable payment for replacement.

“Folks have no beds. No furniture," said Coloian.

“The harm to the family is that their health has been impacted and they have been displaced. No one should have to live in this squalor,” said Coloian.

Coloian says there are other families with children who live at the Park Plaza who have special needs and they have been displaced from the property. “Their injuries that they have been exacerbated,” said Coloian.

In November 2018, GoLocal first reported the story of the violations and the city’s action against the property owners.

GoLocal Reported:

Approximately 200 tenants are living in a subsidized housing project that is now under enforcement action and some say should be condemned.

Already, the tenants living in ten of the units have been forced to move out and be relocated to local motels.

Some children have fungal infections growing on their bodies according to the lawyer who represents 20 of the tenants. There are an estimated 70 children living in the complex.

During a recent court inspection of the complex at the Park Plaza Apartments, the attorney for the town of Johnston, Joseph Ballirano, wore a mask during the more than 90-minute inspection of the property.

Johnston Municipal Court issued multiple orders against the property owner this past week and found that the property failed to provide an engineering report, correct roofing issues, and failed to verify structural the structural integrity of the building. Previous to the most recent court action, the property owner was fined more than $30,000. Read More Here.

Federal Funding 

Tenants in the building are subsidized with federal funding from U.S. Department of Housing and Urban Development.

"The U.S. Department of Housing and Urban Development (HUD) contracts with RI Housing to administer the housing assistance payment contract in privately owned Section 8 developments. Under the program, HUD is the responsible entity for physical inspection and enforcement actions,” Christine Hunsinger, Assistant Deputy Director for Policy and Research at Rhode Island Housing told GoLocal last November.

“RI Housing has no authority to take any enforcement action in this matter. We are naturally concerned about the residents of the development. Those who were living in affected units have been relocated by the property manager until the issues can be resolved,” said Hunsinger.